Procedural Order in Case 13054

Procedural Order in Case 13176

As an essential component of arbitration procedure, document production is a common subject of procedural orders. Less common is the particular aspect of the subject dealt with here, namely whether or not documents that a party wishes to have included in the proceedings are protected by privilege and consequently exempt from disclosure. In one case, the arbitral tribunal answers that question affirmatively, confirming the confidentiality of legal advice given by lawyers to their clients, while in the second case the tribunal decides that any protection that might be afforded by attorney-client privilege or without prejudice privilege had been waived by the prior disclosure of the document to a third party.

Readers are reminded that a procedural order is a decision made by a particular arbitral tribunal in the exercise of its duties under the ICC Arbitration Rules in light of the circumstances of the case. Unlike awards, procedural orders are not subject to scrutiny by the ICC International Court of Arbitration.

For the purpose of publication, the procedural decisions reproduced here have been redacted so as to remove names of parties and other details not indispensable for their intelligibility. The decisions are reproduced in their original language. The footnotes form part of the original texts, unless otherwise stated, but have been renumbered in a continuous sequence.